WisPolitics Courtwatch Blog

Annette Ziegler damaged the public's confidence in the judiciary by hearing cases while on the Washington County bench involving a bank for which her husband served on the board of directors, the Supreme Court ruled in handing down a public reprimand to the justice.

The court noted previous findings that Ziegler didn't benefit financially from the cases, showed no signs of bias in her decisions and didn't try to conceal her family's relationship to the bank.

But the court still found in its 5-1 decision, with outgoing Justice Louis Butler in dissent, that Ziegler's failure to recuse herself in the 11 cases involved in the complaint filed against her constituted misconduct. The justices found the violations were "serious and willful" but also "inadvertent."

It's the first time in state history a sitting justice has been reprimanded by the court.

Read the decision: http://www.wispolitics.com/1006/080528_Ziegler_decision.pdf

"Any discipline less severe than a public reprimand would not adequately convey the gravity with which this court views Judge Ziegler's violation of a bright-line rule of the Code of Judicial Conduct. Any discipline less severe would not comport with fostering public trust and confidence in the judicial system," the justices noted, adding a more severe punishment wasn't needed.

The Judicial Commission and a judicial review panel had recommended the court reprimand Ziegler in the case, and the justice issued a statement today saying she was happy the case was now behind her.

"I am pleased the Supreme Court, the Judicial Conduct Panel and the Wisconsin Judicial Commission have all now confirmed the mistake I made was inadvertent, that neither myself, nor anyone in my family benefited financially from my participation in the cases and the cases were decided as they would have been decided by any other judge," Ziegler said in a statement.

The case began with a complaint the Wisconsin Democracy Campaign filed last year following media reports during the spring election of Ziegler's potential violations of misconduct laws by hearing the cases.

Read Ziegler's statement:
http://www.wispolitics.com/1006/_080528_Ziegler_statement.pdf

Butler wrote in his dissent he did not disagree with the choice of discipline but the "lack of sufficient evidentiary foundation for that determination."

Butler wrote he would have sent the case back to the judicial review panel for further fact finding.

"I respectfully disagree that at the one-year mark a case has become no longer worthy of ensuring the adequate evidentiary safeguards and factual foundation as required in any other case that comes before us," Butler wrote.

Ziegler didn't participate in the case.

Labels: Annette_Ziegler

A public reprimand is sufficient discipline for Supreme Court Justice Annette Ziegler's conflict-of-interest problems, a special judicial conduct panel has recommended.

The panel made the recommendation based on the then-Washington Co. judge handling cases involving a bank for which her husband served on the board of directors.

The ultimate decision of what -- if any -- discipline Ziegler should face rests with the Supreme Court. But the panel wrote in its recommendation that there's no chance Ziegler will commit the same misconduct in the future and the public attention her case has received has already put other Wisconsin judges on notice to avoid similar mistakes.

The panel, comprised of three appeals court judges, found a more severe discipline wasn't warranted. It noted that neither she nor her family benefited financially in any way from her handling the cases and none of the parties in the 11 cases where misconduct occurred had sought to re-open them. The panel also noted Ziegler reached the correct result in each decision, though she should have known not to participate in the cases.

"Given her knowledge of her husband's relationships with the bank, red flags of danger were prominently flying. Justice Ziegler did not see them," the judges wrote.

See the panel's recommendation: http://www.wispolitics.com/1006/080103_JCP_Ziegler.pdf

Ziegler and the Wisconsin Judicial Commission have each notified the Supreme Court that they will not file any additional briefs in the case.

"We respectfully request that this matter be taken under advisement by this Court without additional briefing or oral argument, " Ziegler's attorneys wrote in the letter.

See the Ziegler letter: http://www.wispolitics.com/1006/080108ZieglerLetter.pdf

See the Judicial Commission letter: http://www.wispolitics.com/1006/080109ZieglerNoBr.pdf

Labels: Annette_Ziegler

Annette Ziegler's misconduct was inadvertent and the result of "inexcusable neglect of her responsibilities as a judge," but wasn't intentional and didn't result in financial gain for Ziegler, the state Judicial Commission wrote in a document filed today.

The Judicial Commission was responding to a request from the Judicial Conduct Panel handling Ziegler's discipline case for more information on allegations of misconduct against the new Supreme Court justice.

The commission recommended a censure for Ziegler following its review of the allegations against her, but the panel last month signaled it may widen the probe into the alleged misconduct. It asked Ziegler and the commission to answer a series of questions about various media reports and her family's connection to the West Bend Savings Bank.

Ziegler heard cases while on the Washington County bench involving the bank, for which her husband served on the board of directors.

Ziegler hadn't filed her response by 4 p.m., though she had until 5 p.m. to do so.

The panel's questions included: whether reports that Ziegler and her husband borrowed approximately $2 million from the bank are true; details of any additional income they received through real estate leased to the bank; and her husband's compensation for her service on the board of directors.

The commission responded it had no specific knowledge of any money the Zieglers borrowed from the bank while it reviewed her case, that it did not know of any real estate owned by Ziegler's husband and leased to the bank, and that he was paid $20,000 annually for his service.

*Read the commission's response:
http://www.wispolitics.com/1006/071017_WJC_Response.pdf
*Read the panel's request for more information:
http://www.wispolitics.com/1006/070926_Ziegler_order.pdf

Labels: Annette_Ziegler

Supreme Court Justice Annette Ziegler's discipline hearing next month will be held in Washington County.

The Judicial Conduct Panel, which will make a recommendation on Ziegler's potential discipline for violating conflict of interest rules, had asked Ziegler and the Judicial Commission if they would object to holding the hearing in Milwaukee. Ziegler responded this week that she preferred the hearing in her home county, as allowed under state statutes.

The hearing is scheduled for 10:30 a.m. Nov. 19 at a site that will be determined later.

Read the order:
http://www.wispolitics.com/1006/_071004_Ziegler_order.pdf

See the venue requests:
http://www.wispolitics.com/1006/071003ZieglerLocale.pdf

Labels: Annette_Ziegler

A judicial panel handling Justice Annette Ziegler's discipline case ordered briefs to address details in media reports about her handling of cases involving a bank for which her husband served on the board of directors.

The three-member Judicial Conduct Panel wrote it needs more information about the cases than what was included in the stipulation Ziegler and the Judicial Commission reached that recommended she face a reprimand for violating conflict of interest rules.

Ziegler and the commission were given three weeks to file the briefs and one week to state their positions on where a Nov. 19 hearing on the matter should be held.

See the order:
http://www.wispolitics.com/1006/070926_Ziegler_order.pdf

Labels: Annette_Ziegler

The panel that will handle disciplinary proceedings in the case against Supreme Court Justice Annette Ziegler is finally set.

First District Appeals Court Judge Ted Wedemeyer replaced Third District Court of Appeals Judge Michael Hoover on the panel after it was revealed that Hoover gave Ziegler's Supreme Court campaign $100 last fall. The panel will retain Judges Charles P. Dykman and Ralph Adam Fine.

The panel will make a recommendation on possible discipline for Ziegler for overseeing cases while on the Washington County bench involving a bank for which her husband served on the board of directors.

Read the order creating the new panel: http://www.wispolitics.com/index.iml?Article=104907

Read the order disbanding the first panel: http://www.wispolitics.com/1006/large/070913zieglerorder.pdf

Read the original order creating the panel: http://www.wispolitics.com/index.iml?Article=104792

Labels: Annette_Ziegler

Annette Ziegler would become the first Wisconsin Supreme Court justice to be disciplined if her high court colleagues ultimately accept a recommendation to reprimand her, the head of the state Judicial Commission said Thursday.

The commission and Ziegler filed a stipulation recommending a reprimand for Ziegler's misconduct in hearing cases while on the Washington County bench involving a bank for which her husband was on the board of directors.

Judicial Commission Executive Director James Alexander said a different panel made up of three appeals court judges will now review the stipulation and make a recommendation for possible discipline to the Supreme Court. The justices will then have final say over any penalty for Ziegler, who was sworn in last month.

Alexander said no justice has ever been disciplined by the court. The Supreme Court has reprimanded many judges, suspended some and removed very few from the bench, Alexander said.

In the stipulation, Ziegler admitted to the allegations, while the commission acknowledged she did not "gain or attempt to gain a financial advantage for herself or her family. There is no indication that any case was decided incorrectly. The commission accepts her statement that such conduct was inadvertent and not intentional."

*Read the complaint:
http://www.wispolitics.com/1006/large/070906_Ziegler_Complaint.pdf
*Read the stipulation and recommendation for reprimand:
http://www.wispolitics.com/1006/large/070906_Stipulation_JR.pdf
*Read the commission's letter to Ziegler:
http://www.wispolitics.com/1006/large/090706_Ziegler_ltr.pdf

Labels: Annette_Ziegler

Supreme Court Justice-elect Annette Ziegler has agreed to pay $5,000 and the state Ethics Board's legal costs to settle a complaint the agency filed against her over cases she heard in her Washington County court room involving a bank for which her husband served on the board of directors.

The Ethics Board, which estimated its legal costs at about $12,000, said in a release Ziegler had acknowledged Wisconsin's Ethics Code's standards of conduct in hearing the cases involving West Bend Savings Bank.

"To demonstrate that they are fair and neutral, judges should not participate in or adjudicate cases involving parties with which they or members of their immediate families are associated; Judge Ziegler did," SEB executive director Roth Judd said in a statement. "Even so, the Ethics Board found no evidence that Judge Ziegler used her position to obtain any financial gain or advantage for herself or for her family."

Ziegler stressed in a statement that the board found she and her family did not benefit in any way from her decisions in the cases.

The Supreme Court refused last week to grant Ziegler's request to take original jurisdiction in her suit seeking to block the Ethics Board complaint, which was scheduled for a hearing tomorrow. That hearing has been canceled.

Ziegler said she continued to believe the Judicial Commission was the proper body to examine the case. But given the court's decision and her desire to quickly complete any reviews of her work as a circuit court judge, she decided it was best to settle. She is scheduled to take the oath of office for the Supreme Court in August.

"Finally, I'm hopeful the Judicial Commission can complete its review in a timely fashion," Ziegler said. "I am confident they will similarly find I did not benefit from any judicial decision I made, and that I did not show any bias toward any party in any case that c ame before me."


Read the settlement:
http://www.wispolitics.com/1006/070516SEBZieglerSettlement.pdf

Read the Ethics Board statement:
http://www.wispolitics.com/1006/070516SEBZieglerRelease.pdf

Read the Ziegler statement:
http://www.wispolitics.com/index.iml?Article=96041

Labels: Annette_Ziegler

The state Supreme Court today denied Annette Ziegler's request to take original action in her lawsuit challenging the Ethics Board complaint against her and refused her request for a temporary stay.

The court did not give any reasons for its decision in the one-page order. Justice Pat Roggensack dissented.

The Ethics Board filed a complaint against Ziegler last month seeking a $25,000 fine, charging she violated state conflict of interest codes by hearing cases in her Washington County court room involving a bank for which her husband serves as a director. The case is scheduled for a May 17 hearing in a Dane County court room.

Ziegler's attorney says he isn't sure about the next step.

"No decisions have been made as to what further steps we will take to bring up the issues that were raised before the Supreme Court," attorney Dan Hillenbrand said. "We haven't had time to figure that out yet."

Ziegler had argued that the Ethics Board didn't have the authority to discipline her, and the issue should be left up to the judicial branch. The board filed a response yesterday arguing state laws giving it the authority to discipline judges are constitutional and don't violate the separation of powers.

Ethics Board Executive Director Roth Judd says he isn't surprised. "We've expected the hearing to take May 17, and we still do," Judd said.

*See the court's one-page order:
http://www.wispolitics.com/index.iml?Article=95378

*View the original complaint:
http://www.wispolitics.com/1006/large/070418ZieglerComplaint.pdf

Labels: Annette_Ziegler

The state Ethics Board argued that Wisconsin laws giving it authority to discipline judges are constitutional and do not violate the separation of powers doctrine.

In its May 7 filing, the board also consented to the Supreme Court taking original jurisdiction in a suit Annette Ziegler filed to block enforcement of an Ethics Board complaint against her.

Ziegler, who won a spot on the Supreme Court last month, has challenged the board's complaint that she violated conflict of interest statutes by hearing cases in her Washington County courtroom involving a bank for which her husband is a director. She argues the judicial branch alone has oversight authority for state judges.

The Judicial Commission has opened its own investigation into Ziegler's handling of cases in her court.

The Ethics Board also consented to the stay Ziegler has requested pending the outcome of her suit. The board's complaint has a May 17 hearing scheduled in Dane County court.

See the Ethics Board filing:
http://www.wispolitics.com/1006/070507SEBZieglerRe.pdf

Labels: Annette_Ziegler

The state Supreme Court this morning ordered the Ethics Board to file a response by Monday to Annette Ziegler's petition that argues the board lacks jurisdiction to pursue a complaint against her. The court also declined to order a stay in the Ethics Board investigation, as Ziegler has requested.

Ziegler, who will be sworn in to the Supreme Court Aug. 1, filed a petition last week asking to court to take original jurisdiction in the Ethics Board investigation of alleged conflicts of interest while Ziegler served as a Washington County judge. A concurrent investigation is also underway in the state Judicial Commission.

Chief Justice Shirley Abrahamson, and Justices Jon Wilcox, Patrick Crooks, Patience Roggensack, Louis Butler and Ann Walsh Bradley particip ated in this morning's order. Justice David Prosser was not available.

See the order:
http://www.wispolitics.com/1006/070430Zieglerorder.pdf

Labels: Annette_Ziegler

The Wisconsin Judicial Commission has authorized an investigation of allegations against Supreme Court Justice-elect Annette Ziegler, her attorney said in a statement Friday afternoon.

The commission met to discuss a request from the Wisconsin Democracy Campaign to investigate whether Ziegler violated judicial codes by hearing cases in her Washington County court room involving a bank of which her husband was a director. The commission would prosecute any investigation, and the matter would ultimately go to the Supreme Court, which has the authority to reprimand, censure, suspend or remove a judge.

"We are confident the Judicial Commission's review will find that Judge Ziegler and her family did not benefit from any case she handled," Ziegler attorney Dan Hildebrand said in a statement. "We are also confident the Judicial Commission will find that Judge Ziegler did not demonstrate bias toward any party and that her decisions were legally sound."

See the Hildebrand statement:
http://www.wispolitics.com/1006/_070420_Hildebrand_Statement.pdf

Labels: Annette_Ziegler

The state Ethics Board will ask a former Appeals Court judge to fine Annette Ziegler for handling cases in her Washington County courtroom involving a bank of which her husband is on the board of directors. The board says its investigation found probable cause that Ziegler, who won a seat on the state Supreme Court this month, broke state law in handling the cases.

The Ethics Board said it reviewed 26 cases Ziegler was assigned over the past three years involving the bank. It found 21 were uncontested matters that did not include her direct participation, leaving five cases in which she was an active participant.

Board chair Jim Morgan said the investigation did not find any instance of Ziegler's actions benefiting herself or any member of her family. But a government official should not act on a matter "that affects a business of which the official or official's spouse is an officer or a director. That's what the law prohibits."

Former Court of Appeals Judge David Deininger will preside over the hearing, scheduled for May 17 at the Dane County Courthouse.

The Ethics Board forwarded its findings to the state Judicial Commission and urged it conduct its own review of Ziegler's conduct. In addition, the Judicial Commission is considering a request from the Wisconsin Democracy Campaign to investigate conflict-of-interest concerns about Justice-elect Ziegler.

The WDC request is expected to be handled during closed session, and commission proceedings are confidential. Commission executive director Jim Alexander said the body will not announce its decision after the April 20 hearing. If it went ahead with the investigation, the commission would prosecute the case. The matter would ultimately go to the Supreme Court, which has the authority to reprimand, censure, suspend or remove a judge.

Ziegler attorney Dan Hildebrand said he expects to file a motion to dismiss the Ethics Board complaint "reasonably soon," arguing that the Judicial Commission, not the Ethics Board, is the body that has the authority to investigation matters regarding judicial recusal.

*See the SEB's release:
http://www.wispolitics.com/1006/070418ZieglerEthics.pdf

*View the complaint:
http://www.wispolitics.com/1006/large/070418ZieglerComplaint.pdf

*Letter from State Ethics Board director Roth Judd letter to the Wisconsin Judicial Commission:
http://www.wispolitics.com/1006/large/070418JuddLetter.pdf

*View the Ethics Board's preliminary findings of facts and conclusions:
http://www.wispolitics.com/1006/large/070418ZieglerQA.pdf

Labels: Annette_Ziegler